Drivers often fail to realise that some over-the-counter medications – let alone stronger prescription drugs – can give rise to criminal liability for driving under their influence. The law does not distinguish between a substance that entered the body as an illegal drug and one taken as a prescribed medicine – what matters is its effect on the ability to drive and its presence in the body at the time of driving.
The Legal Basis – Two Provisions, Two Levels of Liability
As with alcohol, the law distinguishes between two states.
State following use of a substance acting similarly to alcohol – a misdemeanour under Article 87 § 1 of the Code of Misdemeanours. This arises where the substance is detectable in the body but is no longer actively affecting the driver’s psychomotor capacity. It carries detention or a fine of not less than PLN 2,500 (up to PLN 5,000) and a mandatory driving disqualification.
State under the influence of a narcotic – a criminal offence under Article 178a § 1 of the Criminal Code. This arises where the substance is actively affecting the body and impairing the ability to drive. It carries a custodial sentence of up to three years, a mandatory driving disqualification of at least three years and a financial contribution of at least PLN 5,000.
Which of these states applies is determined by the forensic toxicologist’s opinion – not by the result of the saliva test alone.
Which Substances in Medications Can Give Rise to Liability
The Regulation of the Minister of Health on the list of substances acting similarly to alcohol sets out the substances tested for during roadside checks. These include: amphetamine and its derivatives, methamphetamine, cocaine, opioids (morphine, codeine, tramadol), tetrahydrocannabinol (THC), benzodiazepines and ketamine.
These substances are found in legally prescribed and over-the-counter medications. Examples include: analgesic and cough preparations containing codeine or tramadol, sedative and sleep medications containing benzodiazepines (diazepam, lorazepam, alprazolam), certain antihistamines with sedative effects, chronic pain medications containing opioids, and preparations used in addiction treatment containing buprenorphine or methadone.
Does a Prescription Protect Against Liability?
Not automatically. The fact that a medication was prescribed by a doctor and taken as directed does not in itself exclude criminal liability. The law does not penalise the taking of a substance – it penalises driving in a state where that substance affects the ability to drive.
A prescription and medical records can, however, be a significant mitigating factor – they demonstrate the absence of intent and can influence the assessment of the degree of fault. Where the driver was not informed by the prescribing doctor and could not have read from the package leaflet that the medication impairs the ability to drive, their culpability is lower than in the case of someone who knowingly took a psychoactive substance.
The Doctor’s Duty to Inform and the Package Leaflet
A doctor prescribing medication containing substances that affect driving ability is required to inform the patient of this limitation. Package leaflets for medications containing listed substances typically carry a warning about restrictions on driving.
Ignoring such a warning – whether given verbally or in writing – works against the driver in the assessment of fault. The absence of a warning from the prescribing doctor, or ambiguous information in the package leaflet, can on the other hand form part of a defence argument.
How the Check and Testing Procedure Works
The procedure is analogous to suspected drug driving. The officer carries out a preliminary saliva test. A positive result leads to a blood sample being taken for laboratory analysis. The saliva test result is indicative only – the evidence in the proceedings is exclusively the blood test result interpreted by a forensic toxicologist.
The expert assesses not only the presence of the substance but also its concentration and whether, at the time of testing, it could have been actively affecting the driver’s psychomotor capacity. It is precisely this assessment that determines the classification of the conduct as a misdemeanour or a criminal offence.
Particular Risk Groups
Drivers on long-term opioid treatment (for example for chronic pain, cancer pain or post-surgical pain) are in a particularly difficult position – the substance may be continuously detectable in the blood even though the body has adapted to it and driving capacity may be unimpaired. In such cases, an expert’s opinion on the actual effect of the medication on the psychomotor capacity of the specific individual is critical.
Similarly, drivers in substitution treatment for addiction (methadone, buprenorphine) may face charges even though driving is not prohibited for them, provided the medication is taken as prescribed and does not impair capacity.
What to Do If You Take Medication and Plan to Drive
Before starting treatment with a new medication, ask the doctor directly whether it contains substances that may affect the ability to drive and for how long after taking it you should refrain from driving. Read the package leaflet – warnings about driving are a mandatory element of medication information. Keep your medical records and prescriptions – they may be needed in proceedings. If you are uncertain about a specific medication, consult a pharmacist.
What to Do After Being Stopped
Do not make hasty statements. You have the right to decline to answer questions until you have consulted a lawyer. Inform your lawyer of all medications and supplements you are taking and their dosage. Present your medical records and prescriptions. Where the saliva test was positive but the blood test negative, the blood test result is determinative. Where the blood test confirmed the presence of a substance, the key is obtaining an expert opinion on the effect of that substance on driving capacity in the specific circumstances.
Contact Us
If you have been stopped for driving under the influence of medication, or have questions about whether your current treatment prevents you from driving, it is worth discussing the matter with a lawyer.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.
